Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f and this is
KFI AM six forty Bill Handle Here. It is a
Saturday morning, last hour of the show Legal Show.
Speaker 2 (00:20):
However, at the.
Speaker 1 (00:21):
End of the hour I will continue on and take
phone calls off the air, so everybody has a chance
to get a question or to answered. And the phone
number here eight hundred five two zero one five three four,
eight hundred five to zero one five three four. And
(00:43):
we have a couple of lines open, but not as
many as we did this last couple of hours.
Speaker 2 (00:47):
People are realizing that, you know what, maybe you're in trouble.
You need a little bit of help. Eight hundred five
two zero one five three four.
Speaker 1 (00:57):
This is Handle on the Law Marginal Legal Advice, where I.
Speaker 2 (01:02):
Tell you have absolutely no case.
Speaker 1 (01:06):
Now, as you probably know, we have a new administration
kicking in and there is a lot of disparity. There's
a lot of polarization not only between individuals pro Trump,
anti Trump, pro Republicans, pro Democrats and everybody hates everybody,
but also the state of California will be and is
(01:30):
at war with the new administration. Matter of fact, Newsom
asked for an additional twenty five million dollars just for
a legal fund to fight the government, the federal government. Well,
this is a preemptive move, and that is Here's what's
happening in the Southern States, the really hardcore Republican states
(01:52):
is state after state is passing laws.
Speaker 2 (01:56):
They are passing laws.
Speaker 1 (01:59):
That require libraries to ban books at topics such as race, gender, identity,
sexual orientation.
Speaker 2 (02:11):
They're just saying, no, we're not.
Speaker 1 (02:13):
Going to have those books available at public libraries. Now,
this is not the same as books regarding sexual orientation
in grade school, elementary school. I think most of us
can say, Okay, that's not really appropriate for kids kindergarten
through sixth grade. There may even be an argument as
far as junior high school. In high school saying that
(02:36):
below the age of eighteen, the schools should really be
careful about letting people out in even the public libraries.
But this is across the board public libraries. And so
one of the laws that are kicking into California beginning
the first of January prohibits libraries banni books specific specifically
(03:04):
banning books that deal with topics like race, gender, identity,
sexual orientation cannot be banned per state law. Now how
do these books get banned? Well, public libraries are usually
city libraries. Los Angeles has its own library system. San
Diego has its own library system. So you can have
(03:26):
very liberal library policies such as LA, or you can
go up north in the more conservative areas of California
where they would fall, or that kind of philosophy falls
right in line with Florida or Texas or Alabama, where
the public libraries.
Speaker 2 (03:46):
Are banned by law local law.
Speaker 1 (03:50):
Well, the California law just path can't do it. We
don't care what your local laws are. This is California
law which super seeds local law.
Speaker 2 (04:02):
So there is there's a salvo beginning. Now.
Speaker 1 (04:05):
This is in anticipation of public libraries banning these books, and.
Speaker 2 (04:12):
So you're going to see reaction.
Speaker 1 (04:14):
You're going to see not only reactive but proactive laws
passed and policies.
Speaker 2 (04:20):
Very interesting stuff. All right, We have a.
Speaker 1 (04:22):
Few people been waiting for a while. Uh Sarah, Hi Sarah,
thanks for hanging on. What can I do for you
to move.
Speaker 3 (04:29):
My parents into a memory of care facility? And wondering
what records you know, daily activity sheets, and how many
times they pete and food and we'll clean.
Speaker 1 (04:41):
Yeah, okay, so these aren't medical. These are not medical
records as to treatment. It's just, uh, just keeping records
of what they do running around and all right, when
you said you moved your parents in, uh does the
contract was with you and the facility or was it
with them.
Speaker 4 (05:02):
With me?
Speaker 2 (05:03):
And then I think you have the ability to get
those records.
Speaker 1 (05:07):
I think you're gonna be okay, medical records or a
different story.
Speaker 2 (05:11):
You would probably you know, it depends.
Speaker 1 (05:14):
You know California law is it's pretty specific about that,
and you would think I would know it or you
would think I wouldn't know it, and you'd be right.
But as far as getting those kinds of records, I
don't see a problem, especially since you have come in
and you may have signed a document that you're responsible
and usually that could be the case. And if you
(05:34):
did sign that document, you know, letting them in. They're
not going to just let them walk in the door.
There's paperwork that has to be filled out when they
came in, and you're filling it out because if they're
in memory care, they could fill out all the paperwork
and it doesn't matter because they don't have the wherewithal
to understand what's going on.
Speaker 2 (05:51):
By the way, is this both your parents?
Speaker 3 (05:54):
Yeah, we moved my mom and dad in together. We
gave them separate rooms right across the hall from each other.
Sixty five years.
Speaker 4 (06:01):
Wow, they're used to their own space.
Speaker 2 (06:04):
Wow.
Speaker 3 (06:05):
Good, pretty amazing. Yeah. Mom ended up passing and mortuary
came and got her, and then we took our dad
out just after that, because you know.
Speaker 2 (06:20):
We just yeah, no, no, that's I mean that you're
a very responsible kid. You did a good job.
Speaker 1 (06:26):
My mother had severe memory care and I just let
her sit on on the sidewalk because she didn't know
the difference. Yeah, that was an option my brain, that
always is, and I took it and you didn't see
she's a lot nicer than I am.
Speaker 2 (06:41):
Actually, that's not true. My mom she died at ninety
eight and.
Speaker 1 (06:47):
She didn't end in Membury Care, although the last five
she should have probably died at ninety three because at
ninety three she sort of lost it and it didn't
even recognize me and was not talking and had to
be spoon fed.
Speaker 2 (07:02):
And it was very, very difficult.
Speaker 1 (07:03):
She didn't have the wherewithal even though she was around,
and so she lasted until she was ninety eight, just
to screw with me, no other reason than to give
me a yuts.
Speaker 2 (07:20):
Ninety eight years old.
Speaker 1 (07:22):
This is Handle on the Law KFI Am six forty bill.
Speaker 2 (07:27):
Handle Here on a Saturday morning. It's our last hour.
Speaker 1 (07:32):
But at the end of the show, as I lock
out and say goodbye and Richard Morrow comes aboard, I'm
still taking phone calls off the air, and I'll be
doing that for I don't know, forty five minutes, sometimes
an hour or so.
Speaker 2 (07:46):
Stay tuned in the meantime. Back we go.
Speaker 1 (07:49):
This is Handle on the Law, Marginal Legal Advice and Peter, Hi, Peter.
Speaker 5 (07:55):
You're up a bill.
Speaker 6 (07:58):
Yes, I was interested in emitting a transfer on death
deed in case my wife died and.
Speaker 1 (08:06):
I get the house.
Speaker 7 (08:07):
I passed, he gets the house just at a protection.
You know.
Speaker 1 (08:11):
It's just what you're talking about, is uh uh simply
holding the house?
Speaker 5 (08:17):
Uh?
Speaker 1 (08:18):
Oh, my god, that I just lose that not on
my mind. Oh come on, Bill, Uh wow.
Speaker 2 (08:26):
I just I just had another Joe Biden moment.
Speaker 1 (08:30):
You know what, I tell you what I'm gonna do
when I go to break, I'm gonna scream but this
is going to come I and I know people are
out there scream because they've heard me talk about this
for thirty years.
Speaker 2 (08:41):
You know, the right of survivorship.
Speaker 1 (08:43):
Oh okay, anyway, Yes, the answer is yes. And I
am embarrassed that I own to have the words at
the tip of my tongue where you both hold it together.
Speaker 2 (08:56):
Okay, that's easy. Okay, yeah, that's easy.
Speaker 1 (09:01):
When one dies, the other one gets it, and the
other one dies, the other one gets it, and I
will think of the name. Can you imagine I forgot that.
That's getting tough. You know what, this may be my
last broadcast now. I've decided that because you know, Joe
Biden is my hero and I'm quickly moving into it.
(09:21):
My mother is my hero, who was completely had no
ability to even think by the time she was coming
in to the last part of her life. Joint tenancy,
Thank you, Bill Wow, joint tenancy.
Speaker 2 (09:37):
Thank you.
Speaker 1 (09:39):
Where one dies, the other one gets it, and that's
the way it goes.
Speaker 2 (09:43):
Good for me? Right, Lindsey, Hi, Lindsay, welcome.
Speaker 7 (09:50):
Right.
Speaker 2 (09:50):
Yeah.
Speaker 4 (09:52):
So I work for a really large corporation that is
nationwide and they offer benefits and I found out that
one of the benefits that have offered that I've been
paying into is not applicable to California. It's applicable more
to other states. I just found that out by happenstance.
(10:14):
And so the insurance and the corporation have been deducting
about eighty dollars a month.
Speaker 1 (10:23):
Yeah, go into disability, and it's not going into the
California Disability Fund, is what you're saying.
Speaker 2 (10:30):
Where is it going?
Speaker 4 (10:31):
It's got taken out of my chest.
Speaker 2 (10:32):
I understand where is that money going. Do you have
any idea to a.
Speaker 4 (10:36):
Big a big insurance company, a huge insurance company.
Speaker 1 (10:40):
Now that is usually it's an insurance. Disability goes to
the state. Now I'm not an expert in disability, clearly, but.
Speaker 4 (10:49):
This supplemental okay.
Speaker 1 (10:52):
Yeah, I would think if they take disability out in general,
and usually it says California disability on the state, you
out of my check. Okay, But but it mentioned when
you get the check stub, all right, if it's directed, uh, yeah,
it just as other benefits.
Speaker 4 (11:09):
Right, it's an insurance. It goes to like a short
term disability.
Speaker 1 (11:15):
And that one that one I don't know about. You
got me on that one. I only know so far
as a California goes into disability into California fund, so
uh that that helps a lot.
Speaker 2 (11:30):
Samantha, Hi, Samantha, Yes, yes, I.
Speaker 8 (11:37):
Have a question for you. Is it illegal to transplant
notes about or make a copy of information which proves
that my employer is repetitively okay, consistently?
Speaker 1 (11:48):
Okay, hold on, I'm having a hard time understanding you. Uh,
what is happening? You have to be a little bit
clearer in terms.
Speaker 2 (11:54):
Of addiction, or let me speak a little louder. Okay.
Speaker 8 (11:58):
I would like to know if it's ego for me
to transcribe notes about or make a copy of information
which proves that my employer is repetitively and consistently promoting
individuals who've fabricated their qualifications and work experience.
Speaker 1 (12:15):
Okay, all right, you're super right where you're making Where
would you get this? You're making notes because you're looking
at a file? Is that what you're talking about?
Speaker 8 (12:25):
Let me do a little more specific I have access
to Startle records as part of my job, and I've
been noticing that people that I've worked with that I
know don't have the experience that they say they do
because I've talked to them and other people.
Speaker 2 (12:39):
Okay, is this a file you're looking at?
Speaker 9 (12:42):
Uh?
Speaker 2 (12:42):
It is.
Speaker 8 (12:43):
There's electronic records that I have access to us part
of my job. I don't work working ANSAR, but I
still have Okay.
Speaker 1 (12:48):
And there's and and it says that we are promoting
people and they don't have the skill level.
Speaker 2 (12:55):
How do you know they don't have.
Speaker 8 (12:56):
The skill level because I know their work is.
Speaker 1 (13:01):
WHOA that's that is a tough one. By the way,
they can promote people all day long and don't have
skill levels.
Speaker 8 (13:08):
Well, well, I'm saying of fabricating this information on their application.
Speaker 2 (13:11):
Okay, so they're lying that's not your issue.
Speaker 8 (13:14):
Well, if they're super visier over me and they don't
know what they're doing, and I know, it doesn't.
Speaker 2 (13:18):
Matter, it doesn't matter. It doesn't matter. You can lie
all day.
Speaker 1 (13:22):
You can literally walk in and say you are you
have a PhD in computer science to work on a computer,
and you have no idea how to even turn one on,
and they can promote that person over you.
Speaker 2 (13:38):
Yep, it's the way it works.
Speaker 1 (13:41):
You know, you have no you know they it's it's
their company, they're the boss. There's not much you can do.
Speaker 2 (13:49):
John. Hello John.
Speaker 5 (13:52):
Yeah, I'm an old firefighter and I had a caregiver
and I had to let her go because she wasn't
any good. And in the meantime, well, I was at
a doctor's appointment. She came in excuse she had a key,
and she stole a lot of my personal item, my
(14:15):
wedding ring.
Speaker 1 (14:16):
Yeah.
Speaker 5 (14:16):
That's a tough one, yeah, Harry, And she just stole
it all. Yeah. I made a report to the police
department and they were real nice, but there's obviously there's
nothing they can do about it.
Speaker 2 (14:28):
Yeah, that's the whole point, John.
Speaker 1 (14:30):
And all you can do is if the police say
there's nothing they can do, and there really isn't much
because she's gonna say I didn't steal it, and you're
gonna say she did. And I'm assuming you don't have
a videotape of her taking it. You can sue her
for all the good that's gonna do, John.
Speaker 2 (14:49):
Yeah.
Speaker 1 (14:50):
I mean, you know, I tell you, I'd believe you
if I were the judge. But at the same time, uh,
you know, so you get a judgment against her for
X number dollars because you really don't have the proof
of what she stole or at least the value of
the proof.
Speaker 5 (15:06):
Could I put an ad in the paper telling my
story in the one ads reward for these items.
Speaker 2 (15:14):
Yeah, absolutely absolutely.
Speaker 1 (15:16):
Don't mention it. Don't mention it, don't mention her name,
don't mention her name that she stole it. But yes,
you could absolutely do that. I can see that John
is and he's a firefighter, you know, who helped people out.
You know, that's a rough place to be. All right,
I want to tell you about your business for a moment.
The less your business spends on delivering your product or service,
(15:38):
the more margin you're going to have. Basically, the more
money you're going to make. And everything is more expensive
these days. I mean it's crazy out there, materials, employees, distribution, borrowing.
I go out to dinner far less than I used
to at restaurants because the prices are so crazy. So
let me tell you how you can reduce costs and
headaches for your business with nets sweet by Oracle. This
(16:00):
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(16:23):
are no multiple systems involved. You got one unified business
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They'll tell you exactly how to do it. Over thirty
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me suggest you download the net Suite program and it'll
tell you it's free, by the way, and it will
(16:43):
show you if you if they can help you make
money or not. And I think it can because you've
got all these businesses said.
Speaker 2 (16:49):
Yep, it does.
Speaker 1 (16:50):
So go to NetSuite dot com slash handle NetSuite as
an office suitees NetSuite dot com slash handle.
Speaker 2 (16:59):
This is handle on the law.
Speaker 10 (17:02):
You're listening to bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:09):
Oh yeah, that's the season. It's over. I think on Tuesday.
Speaker 1 (17:14):
Yes, please please eight hundred five two zero one five
three four.
Speaker 2 (17:21):
That's the number.
Speaker 1 (17:22):
Have some lines open, eight hundred five to two zero
one five three four, and then I'll tell you next
break how you can still get your questions answered even
when I'm off the air and I'll do it well
right here.
Speaker 2 (17:38):
Eight hundred five two zero one five three fours.
Speaker 1 (17:40):
I'm looking the various phone calls, welcome back, handle on
the law, marginal legal advice, Rebecca, Hello.
Speaker 9 (17:52):
Rebecca, Hi Bill, how are you?
Speaker 2 (17:55):
Yes, ma'am? What can I do for you?
Speaker 9 (17:58):
So the situation ND could use some advice. My dad
passed at the end of September. His name is still
is listed as a guaranteur. Nephew's lease.
Speaker 2 (18:11):
Was a new lease.
Speaker 9 (18:12):
It started in September and it goes for two more years.
There's three reasons that I want to take care of
this A again, the lease goes for two more years
from September. B.
Speaker 2 (18:26):
I believe he never.
Speaker 9 (18:27):
Actually signed it because I have docu sign emails in
his account when he was in the hospital. Show that
never signed, right, Yeah, the last one showed that the
envelope expired and it was never signed. Also last show.
Speaker 1 (18:48):
What expired the envelope? How do you inspire an envelope?
Speaker 9 (18:53):
Well, whatever they call the docu sign envelope, meaning the
request for signature, it expired, it was.
Speaker 1 (18:59):
Never signed, Okay, and that's the guarantee, correct.
Speaker 9 (19:08):
I don't know what that means.
Speaker 1 (19:09):
He's okay, he was supposed to docu signed. First of all,
you want his name off. I'm assuming that's the case, right, yeah, okay.
So one of the reasons is it's a two year deal.
It's a two year guarantee, and he's dead. Okay, Frankly,
that's not going to help him, although does he really
care because he's dead.
Speaker 2 (19:29):
It's the fact the estate. The estate is.
Speaker 9 (19:32):
Still exactly okay, exactly, well, that's exactly. So I'm getting
to that part. The state is in a trust, and
I've brought all my concerns about all this to the executor.
The trust hasn't been settled yet, it won't be until March.
When I first brought them to her. Unfortunately, she's a
family so it's a little tricky, okay, but dealing with her.
(19:57):
But when I first brought it to her, she you
didn't do anything about it, and so I brought Michael.
Speaker 1 (20:02):
Okay, wait wait, wait, wait, hold on. I don't know
if she should do anything about it.
Speaker 2 (20:08):
As far as she is concerned.
Speaker 1 (20:10):
It is a lease that was signed by your dad,
and I don't know if she part of her duty
is to investigate.
Speaker 2 (20:19):
Maybe it is, but you got so that part I wouldn't.
Speaker 1 (20:23):
I wouldn't consider because you know, the landlord has your
dad as a guaranteur period and if the tenant flakes out,
can go against your dad's estate.
Speaker 9 (20:37):
Now you brought to exactly is the house? Which I
get it in the house, Well, it's still it's still.
Speaker 2 (20:44):
It doesn't matter, it's still the estate. Okay.
Speaker 1 (20:48):
They the the amount of od is over and above
your right to inherit the house. You are subservient to
bills that are owed. Now that one is sort of
put to bed. But you had to weather issues that
you brought about that have a great yea influence. Number One,
he didn't sign it.
Speaker 2 (21:07):
Is what your argument.
Speaker 1 (21:09):
Signed it after the window. But I have a question
about the window. Uh, And that is if the window passes,
then how does it then he can't sign it because
the sign doesn't let you sign it, so there is
no signature, correct.
Speaker 9 (21:23):
I believe. I believe that my nephews signed it for him, while.
Speaker 1 (21:28):
He's okay, Now there is the argument, okay, because your
nephew doesn't have the right to sign for your dad
unless your dad gave him power of attorney, and even
then I don't know unless he shows unless the landwork shows.
Speaker 2 (21:43):
A power of attorney.
Speaker 9 (21:44):
No, he didn't.
Speaker 1 (21:46):
Okay, So here's your defense. Let's say, who's living in
the place.
Speaker 2 (21:51):
Now, by the way, Rebecca.
Speaker 11 (21:54):
The house.
Speaker 9 (21:55):
Yeah, I'm living in the house, But my nephew is
living in the apartment, which.
Speaker 2 (21:59):
The okay is he is he paying the lease?
Speaker 9 (22:05):
I think that the executor has taken over.
Speaker 2 (22:09):
All the confused who owns the apartment? Who owns the apartment?
Speaker 9 (22:15):
The leasing company Avalon?
Speaker 2 (22:17):
They don't know, Oh.
Speaker 1 (22:18):
I see okay, Yes, I'm familiar with Avalon. One of
my daughters live in Avalon for a period of time. Okay,
So your nephew owes two years worth of a lease,
and is your nephew paying for it or just bailed out?
Speaker 9 (22:33):
Well, well, I believe right now that the executor has
taken over all the bills until the trust is settled
in March.
Speaker 1 (22:41):
Okay, so it's a trustee, it's not trustee.
Speaker 2 (22:45):
So is the trustee paying the rent?
Speaker 9 (22:48):
I think she is.
Speaker 2 (22:50):
I gotta find out, you know what.
Speaker 1 (22:51):
He can't do this to me, Rebecca. You can't say
I think she is. I don't know.
Speaker 2 (22:57):
It doesn't okay, it doesn't work that way. You have
to know before I answer.
Speaker 9 (23:02):
Okay, I asked her about it and she evaded the question.
Speaker 2 (23:05):
Then I can't help you.
Speaker 1 (23:07):
Then I can't help you, but I appreciate the phone call.
I guess Oh, Randy, Hi, Randy, welcome, Yo, Randy Hi.
Speaker 7 (23:24):
My daughter bought a house foreclosure Sambardino County. It's been
six months. Hired a right off the bat, hired an
eviction company to come out and do the eviction, an
viction at whom the homeowner that lost it to the bank.
Speaker 1 (23:46):
And then the daughter ended up buying while he was
there right still there, right, okay, got it, Okay.
Speaker 7 (23:53):
Still in the property, all right, okay. So so now
the eviction company came a month or so ago, was
going to do walk out. The marshall said, oh wait
a minute. Guys in his mid eighties, he's don't think
he's right in his own mind, so we have to
get social services involved in this and that. So now
(24:16):
they've pushed it off till the sixth of January in
order to go talk to him, and he has repeatedly
say I'm not moving out. I'm not moving out.
Speaker 1 (24:24):
Yeah, it doesn't matter if he repeat it. He says
that now it doesn't right, No, it doesn't matter. The
fact that he says he's not moving out is irrelevant
to this.
Speaker 2 (24:32):
The problem is is.
Speaker 1 (24:34):
That because he's in his eighties, you've got a situation
where Social Services does kick in because there's all this
elder protection stuff and you got to go.
Speaker 2 (24:44):
Through the hoops. You know, the fact that he says he's.
Speaker 1 (24:47):
Not moving out Randy means nothing because what does that mean?
Law lets him live there till he dies and you
don't get any rent?
Speaker 2 (24:56):
Right?
Speaker 7 (24:56):
My question is can we sue him for the six
months of interest only payment?
Speaker 9 (25:02):
Yeah?
Speaker 6 (25:02):
You can's been making.
Speaker 2 (25:03):
Yeah you can? You can't.
Speaker 1 (25:05):
And then the problem is are you going to get it?
You know, an eighty two year old guy, you have money?
Speaker 2 (25:09):
Is he on Social Security?
Speaker 7 (25:11):
No? He has a pension, he's he can't.
Speaker 2 (25:14):
Touch the pension. Randy can't touch a pension.
Speaker 7 (25:16):
Okay, okay, So then we'd have to do an asset search.
Speaker 1 (25:21):
Yeah, you'd have to do a whole big deal. So,
you know, is it worth it? I don't know how
much is uh? How much is the rent?
Speaker 7 (25:28):
She's been paying interest only? At twenty seven hundred dollars
a month?
Speaker 2 (25:31):
What do you mean interest only? That's a purchase. You
don't pay interest only on a rent.
Speaker 6 (25:37):
Borrow.
Speaker 7 (25:38):
She's she's, she's she No, he's not paying rent.
Speaker 2 (25:42):
Okay, got it? How much?
Speaker 1 (25:43):
How much is the rent? How much is the rent
that he's not paying? Well, haven't established rent yet because
he just didn't move out right, he didn't move, got it?
All right, So you're gonna have to see it, all right,
I understand, all right, twenty month. Okay, you're gonna have
to sue for a reasonable amount because under those circumstances,
there is no rent that's been established. He was the
(26:04):
homeowner and he stayed in and he's going to be evicted,
and you are entitled to.
Speaker 2 (26:10):
How much rent?
Speaker 1 (26:11):
Well, we don't have rent because of the circumstances, and
so the court will invoke a reasonable rent when you
get a judgment against him.
Speaker 2 (26:22):
And he's eighty yeah, he's eighty two. I mean you
can go after him.
Speaker 1 (26:26):
Let me tell you, if I were you, I would
not only go after him, I would actually buy the
cat food and find a dumpster for him to move into. Yes, okay,
so yeah, you're you're, you're, you're doing everything you can,
and unfortunately there isn't a whole.
Speaker 2 (26:42):
Lot more people.
Speaker 1 (26:43):
Older people have have some rights or especially under this case.
And if he if he argues elder abuse, man boom,
the county jumps right in and you know, what do
you do? You don't to people that are eighty two
years old. Although this wasn't a rental, I mean these folks,
(27:04):
I mean Randy is completely innocent of all this or
so it doesn't help. All right, We're gonna come back
and it'll be our last segment of the show. But
then we still have plenty of phone calls or plenty
of time to answer your questions.
Speaker 2 (27:19):
This is KFI. Well, this is Handle on the Law
and welcome back Bill.
Speaker 1 (27:26):
Handle here Saturday morning, and it's a last segment of
the show. So what happens every Saturday as I walk
out and say goodbye.
Speaker 2 (27:37):
Until Monday morning.
Speaker 1 (27:38):
If you join me on the Handle show Monday through Friday,
I still answer phone calls at the end of the
hour off the air, So as you're calling, to stay put,
because man, I go through these calls.
Speaker 2 (27:52):
Quickly because they're no breaks. I just zip right through them.
Speaker 1 (27:55):
So as I said, no breaks, no weather, no traffic,
no commercial and no patients.
Speaker 2 (28:01):
Put all that together and we go through them pretty quickly.
Speaker 1 (28:04):
And for those of you that are in hold, still
just a put because I'm going to answer all your calls.
Speaker 2 (28:10):
Anyway.
Speaker 1 (28:10):
You can still keep on calling, and if lines are busy,
just wait three minutes, because you know I've gone through
a call and the lines open up and then number
is eight hundred and five two zero one, five three four.
Speaker 2 (28:21):
Welcome back.
Speaker 1 (28:22):
Handle on the law Marginal Legal Advice Solomon. Hello Solomon.
Speaker 11 (28:28):
Hey, this is me.
Speaker 5 (28:29):
How are you doing?
Speaker 2 (28:30):
Yes, Surrey, it is you, and this is me. What
can I do for you?
Speaker 11 (28:35):
Yeah? I had some vandalism take place in my car,
and we have parking on the site of the apartment
where I am, and there's four hundred people in this
apartment and eight floor and you have to pay one
hundred and fifty dollars for parking. I never paid for
party in my life. But do they have any liability
since it took place on the property and that I
am paying.
Speaker 1 (28:56):
You're talking about the vandalism, Yeah, yeah, yeah, do they?
Speaker 2 (29:01):
I don't know. Is it a secure building?
Speaker 1 (29:04):
Is there a pattern of this happening before where they.
Speaker 11 (29:11):
They made notices a couple of months ago that someone
could have a weapon coming from the parking area. We
have these little remotes that we get into our apartment.
They didn't always have those.
Speaker 1 (29:22):
That's asked to that's asked to your safety. Okay, if
you had been shot and a hole put through your
head as big as a grapefruit, probably there would be
a decent case because they knew that there were risks
when they said someone with a weapon could come through,
(29:43):
and if they didn't put in some kind of security
and just let it happen, or tell you there's no
security here.
Speaker 2 (29:48):
Guys, you're on your own.
Speaker 1 (29:51):
We don't have a duty to stop people who come
in with weapons.
Speaker 2 (29:55):
I mean, what do they do?
Speaker 1 (29:56):
What should they have done? Put armed security guards in there,
put a fence.
Speaker 11 (30:00):
Well yeah, when I was over at the last place
on Beach Boulevard at tah the hotel they had everything
was free, even the internet. But they have a security
guard that didn't let anyone.
Speaker 1 (30:11):
Okay, but that doesn't mean but that doesn't mean this
place has to have.
Speaker 11 (30:14):
It, Okay, all right, all right? You so you saw
a primate creator?
Speaker 2 (30:19):
All right, I think it's the same guy you called before.
Speaker 1 (30:22):
So Matt, Hello, Matt, welcome.
Speaker 6 (30:29):
Hey Bill, thanks for taking my call. On a lot
of details, but I'll make it quick. Just purchased a
house up in the mountains and Big Bear have a
home warranty. Every new oven, new fridge, new everything. Wall
heater had issues, so had a home warranty. Sent a
contractor out. First contractor tested the wall heater, said it
(30:50):
was okay, it's the wiring from the wall heater the thermostat.
They sent out another contractor wound up being an electricians that, hey,
we don't know what's going on. We don't want to
touch it. Had a third contractor come out, said, you know,
it's a thermist at, tried a new thermist at, couldn't
(31:11):
figure it out. Long story short, they found another contractor
who came out twice, said it was the wall unit.
Replaced the wall unit. I had to pay four hundred bucks,
which I haven't paid yet. Once they replaced the wall
unit number one, it was the same unit number two.
I took photos of the old unit. Look new, completely new,
(31:32):
no dust, no burn marks. Once they installed it, they said, oh,
the wiring needs to be replaced and okay.
Speaker 2 (31:41):
Okay, I sort of get it. What's your deductible.
Speaker 7 (31:49):
We have?
Speaker 6 (31:50):
I don't think we have a deductible one.
Speaker 9 (31:53):
That's easy.
Speaker 2 (31:54):
Okay, that's easy. It's did they put in a unit
that's not working or is it still not working?
Speaker 6 (32:01):
It's working, but they said the wire needs to be replaced.
They wanted to put holes in my wall. So now
I have wires to a thermostat sitting across my kitchen.
Speaker 2 (32:10):
Okay, I think I got.
Speaker 1 (32:12):
So here's what you have to do is simply get
a bid from someone in there and get it fixed.
Speaker 2 (32:17):
I mean, at some point it's going to get fixed.
Speaker 1 (32:20):
I mean, Matt, it's you don't have a situation where
you have a wall heater that.
Speaker 2 (32:25):
Will never work, will never.
Speaker 1 (32:28):
Have You'll have wires for the rest of your life
sitting there.
Speaker 2 (32:31):
I mean, that's not possible.
Speaker 1 (32:32):
So whatever it takes to actually get it fixed, there's
enough stuff in there where you have and they have
tried everything, so now there is a duty to get
it fixed. The fact that they're coming out and coming
out and coming out, that's actually a decent insurance company.
So you let them know you're going to be on
your own finding the appropriate contractor electrician, HVAC person, whatever
(32:58):
it takes.
Speaker 6 (32:59):
And you're yeah, but what my one question is, what
is the possibility. They said it needed to be replaced
just to make more money. Am I kind of screwed
on that?
Speaker 2 (33:10):
Why would wait a second?
Speaker 1 (33:11):
If it needed to be a replace to make more money,
they're gonna pay for it?
Speaker 2 (33:15):
Why? How much more money are they gonna get?
Speaker 6 (33:19):
No, the contractor not the home warrant?
Speaker 1 (33:21):
Well, okay, how do you find that out? Hey, you're
just doing this to get more money?
Speaker 2 (33:27):
Really, no, I'm not.
Speaker 1 (33:29):
Okay, yes you are. How do you prove that? I'll
tell you how you're thinking. I'll tell you what your
motivation is. So just get it repaired, get it replaced,
and turn around, go to the insurance company.
Speaker 2 (33:42):
Pay it up. All right, real quickly. Let me tell
you about what's going to happen next year. We're right
around the corner for next year.
Speaker 1 (33:50):
Now, let's say if you're in my position too, where
you have no friends, everybody hates you, your family hates you.
Speaker 2 (33:57):
And you're pretty miserable and depressed, and you have bad breath.
Speaker 1 (34:01):
So let me suggest Zelman's minty Mouth mints so you
can start the year with good breath. Now, you'll still
have no friends, everybody hates you, and you're still going
to be depressed as.
Speaker 2 (34:11):
Hell, but you'll have fresh breath and that makes you
feel good. Does it make you feel good enough?
Speaker 1 (34:19):
Well, I don't know, but it sure makes your mouth
fresh and clean. Zelman's minty mouth mints way more.
Speaker 2 (34:24):
Than a mint.
Speaker 1 (34:25):
All you do is pop a couple in your mouth
and there's a minty coating and when that's done, you
swallow or you bite into them. In the parsley seed
oil inside these capsules go to work inside your gut,
your stomach where bad breath can does start and stay there.
Zelmans takes care of that and there's no other mint
on the planet that does that. So if you order
(34:47):
three packs or more, there is free shipping and that's
till the end of the year.
Speaker 2 (34:53):
No, I'm sorry, let me correct myself.
Speaker 1 (34:55):
If you order three packs or more, there's an automatic
fifteen p discount, no code.
Speaker 2 (35:02):
You don't have to worry about it. It's automatic.
Speaker 1 (35:04):
Uh three a three pack or more fifteen percent off.
So go to Zelmans dot com Z E L M
I N S. Zelmans dot com fifteen percent off three
packs or more. Zelmans dot com, slash kfi Zelmans dot
com slash kfi. All right, before we bail real quickly.
(35:28):
I'm gonna tell I'm gonna take phone calls. I'm gonna
continue on. So if you're on hold, stay put and
this will be off the air. And the number is
still eight hundred five two zero one five three four,
eight hundred five two zero one five three four.
Speaker 2 (35:42):
This is Handle on the Law.
Speaker 10 (35:46):
You're listening to Bill Handle on demand from kf I
a M six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f and this is
KFI AM six forty Bill Handle Here. It is a
Saturday morning, last hour of the show Legal Show.
Speaker 2 (00:20):
However, at the.
Speaker 1 (00:21):
End of the hour I will continue on and take
phone calls off the air, so everybody has a chance
to get a question or to answered. And the phone
number here eight hundred five two zero one five three four,
eight hundred five to zero one five three four. And
(00:43):
we have a couple of lines open, but not as
many as we did this last couple of hours.
Speaker 2 (00:47):
People are realizing that, you know what, maybe you're in trouble.
You need a little bit of help. Eight hundred five
two zero one five three four.
Speaker 1 (00:57):
This is Handle on the Law Marginal Legal Advice, where I.
Speaker 2 (01:02):
Tell you have absolutely no case.
Speaker 1 (01:06):
Now, as you probably know, we have a new administration
kicking in and there is a lot of disparity. There's
a lot of polarization not only between individuals pro Trump,
anti Trump, pro Republicans, pro Democrats and everybody hates everybody,
but also the state of California will be and is
(01:30):
at war with the new administration. Matter of fact, Newsom
asked for an additional twenty five million dollars just for
a legal fund to fight the government, the federal government. Well,
this is a preemptive move, and that is Here's what's
happening in the Southern States, the really hardcore Republican states
(01:52):
is state after state is passing laws.
Speaker 2 (01:56):
They are passing laws.
Speaker 1 (01:59):
That require libraries to ban books at topics such as race, gender, identity,
sexual orientation.
Speaker 2 (02:11):
They're just saying, no, we're not.
Speaker 1 (02:13):
Going to have those books available at public libraries. Now,
this is not the same as books regarding sexual orientation
in grade school, elementary school. I think most of us
can say, Okay, that's not really appropriate for kids kindergarten
through sixth grade. There may even be an argument as
far as junior high school. In high school saying that
(02:36):
below the age of eighteen, the schools should really be
careful about letting people out in even the public libraries.
But this is across the board public libraries. And so
one of the laws that are kicking into California beginning
the first of January prohibits libraries banni books specific specifically
(03:04):
banning books that deal with topics like race, gender, identity,
sexual orientation cannot be banned per state law. Now how
do these books get banned? Well, public libraries are usually
city libraries. Los Angeles has its own library system. San
Diego has its own library system. So you can have
(03:26):
very liberal library policies such as LA, or you can
go up north in the more conservative areas of California
where they would fall, or that kind of philosophy falls
right in line with Florida or Texas or Alabama, where
the public libraries.
Speaker 2 (03:46):
Are banned by law local law.
Speaker 1 (03:50):
Well, the California law just path can't do it. We
don't care what your local laws are. This is California
law which super seeds local law.
Speaker 2 (04:02):
So there is there's a salvo beginning. Now.
Speaker 1 (04:05):
This is in anticipation of public libraries banning these books, and.
Speaker 2 (04:12):
So you're going to see reaction.
Speaker 1 (04:14):
You're going to see not only reactive but proactive laws
passed and policies.
Speaker 2 (04:20):
Very interesting stuff. All right, We have a.
Speaker 1 (04:22):
Few people been waiting for a while. Uh Sarah, Hi Sarah,
thanks for hanging on. What can I do for you
to move.
Speaker 3 (04:29):
My parents into a memory of care facility? And wondering
what records you know, daily activity sheets, and how many
times they pete and food and we'll clean.
Speaker 1 (04:41):
Yeah, okay, so these aren't medical. These are not medical
records as to treatment. It's just, uh, just keeping records
of what they do running around and all right, when
you said you moved your parents in, uh does the
contract was with you and the facility or was it
with them.
Speaker 4 (05:02):
With me?
Speaker 2 (05:03):
And then I think you have the ability to get
those records.
Speaker 1 (05:07):
I think you're gonna be okay, medical records or a
different story.
Speaker 2 (05:11):
You would probably you know, it depends.
Speaker 1 (05:14):
You know California law is it's pretty specific about that,
and you would think I would know it or you
would think I wouldn't know it, and you'd be right.
But as far as getting those kinds of records, I
don't see a problem, especially since you have come in
and you may have signed a document that you're responsible
and usually that could be the case. And if you
(05:34):
did sign that document, you know, letting them in. They're
not going to just let them walk in the door.
There's paperwork that has to be filled out when they
came in, and you're filling it out because if they're
in memory care, they could fill out all the paperwork
and it doesn't matter because they don't have the wherewithal
to understand what's going on.
Speaker 2 (05:51):
By the way, is this both your parents?
Speaker 3 (05:54):
Yeah, we moved my mom and dad in together. We
gave them separate rooms right across the hall from each other.
Sixty five years.
Speaker 4 (06:01):
Wow, they're used to their own space.
Speaker 2 (06:04):
Wow.
Speaker 3 (06:05):
Good, pretty amazing. Yeah. Mom ended up passing and mortuary
came and got her, and then we took our dad
out just after that, because you know.
Speaker 2 (06:20):
We just yeah, no, no, that's I mean that you're
a very responsible kid. You did a good job.
Speaker 1 (06:26):
My mother had severe memory care and I just let
her sit on on the sidewalk because she didn't know
the difference. Yeah, that was an option my brain, that
always is, and I took it and you didn't see
she's a lot nicer than I am.
Speaker 2 (06:41):
Actually, that's not true. My mom she died at ninety
eight and.
Speaker 1 (06:47):
She didn't end in Membury Care, although the last five
she should have probably died at ninety three because at
ninety three she sort of lost it and it didn't
even recognize me and was not talking and had to
be spoon fed.
Speaker 2 (07:02):
And it was very, very difficult.
Speaker 1 (07:03):
She didn't have the wherewithal even though she was around,
and so she lasted until she was ninety eight, just
to screw with me, no other reason than to give
me a yuts.
Speaker 2 (07:20):
Ninety eight years old.
Speaker 1 (07:22):
This is Handle on the Law KFI Am six forty bill.
Speaker 2 (07:27):
Handle Here on a Saturday morning. It's our last hour.
Speaker 1 (07:32):
But at the end of the show, as I lock
out and say goodbye and Richard Morrow comes aboard, I'm
still taking phone calls off the air, and I'll be
doing that for I don't know, forty five minutes, sometimes
an hour or so.
Speaker 2 (07:46):
Stay tuned in the meantime. Back we go.
Speaker 1 (07:49):
This is Handle on the Law, Marginal Legal Advice and Peter, Hi, Peter.
Speaker 5 (07:55):
You're up a bill.
Speaker 6 (07:58):
Yes, I was interested in emitting a transfer on death
deed in case my wife died and.
Speaker 1 (08:06):
I get the house.
Speaker 7 (08:07):
I passed, he gets the house just at a protection.
You know.
Speaker 1 (08:11):
It's just what you're talking about, is uh uh simply
holding the house?
Speaker 5 (08:17):
Uh?
Speaker 1 (08:18):
Oh, my god, that I just lose that not on
my mind. Oh come on, Bill, Uh wow.
Speaker 2 (08:26):
I just I just had another Joe Biden moment.
Speaker 1 (08:30):
You know what, I tell you what I'm gonna do
when I go to break, I'm gonna scream but this
is going to come I and I know people are
out there scream because they've heard me talk about this
for thirty years.
Speaker 2 (08:41):
You know, the right of survivorship.
Speaker 1 (08:43):
Oh okay, anyway, Yes, the answer is yes. And I
am embarrassed that I own to have the words at
the tip of my tongue where you both hold it together.
Speaker 2 (08:56):
Okay, that's easy. Okay, yeah, that's easy.
Speaker 1 (09:01):
When one dies, the other one gets it, and the
other one dies, the other one gets it, and I
will think of the name. Can you imagine I forgot that.
That's getting tough. You know what, this may be my
last broadcast now. I've decided that because you know, Joe
Biden is my hero and I'm quickly moving into it.
(09:21):
My mother is my hero, who was completely had no
ability to even think by the time she was coming
in to the last part of her life. Joint tenancy,
Thank you, Bill Wow, joint tenancy.
Speaker 2 (09:37):
Thank you.
Speaker 1 (09:39):
Where one dies, the other one gets it, and that's
the way it goes.
Speaker 2 (09:43):
Good for me? Right, Lindsey, Hi, Lindsay, welcome.
Speaker 7 (09:50):
Right.
Speaker 2 (09:50):
Yeah.
Speaker 4 (09:52):
So I work for a really large corporation that is
nationwide and they offer benefits and I found out that
one of the benefits that have offered that I've been
paying into is not applicable to California. It's applicable more
to other states. I just found that out by happenstance.
(10:14):
And so the insurance and the corporation have been deducting
about eighty dollars a month.
Speaker 1 (10:23):
Yeah, go into disability, and it's not going into the
California Disability Fund, is what you're saying.
Speaker 2 (10:30):
Where is it going?
Speaker 4 (10:31):
It's got taken out of my chest.
Speaker 2 (10:32):
I understand where is that money going. Do you have
any idea to a.
Speaker 4 (10:36):
Big a big insurance company, a huge insurance company.
Speaker 1 (10:40):
Now that is usually it's an insurance. Disability goes to
the state. Now I'm not an expert in disability, clearly, but.
Speaker 4 (10:49):
This supplemental okay.
Speaker 1 (10:52):
Yeah, I would think if they take disability out in general,
and usually it says California disability on the state, you
out of my check. Okay, But but it mentioned when
you get the check stub, all right, if it's directed, uh, yeah,
it just as other benefits.
Speaker 4 (11:09):
Right, it's an insurance. It goes to like a short
term disability.
Speaker 1 (11:15):
And that one that one I don't know about. You
got me on that one. I only know so far
as a California goes into disability into California fund, so
uh that that helps a lot.
Speaker 2 (11:30):
Samantha, Hi, Samantha, Yes, yes, I.
Speaker 8 (11:37):
Have a question for you. Is it illegal to transplant
notes about or make a copy of information which proves
that my employer is repetitively okay, consistently?
Speaker 1 (11:48):
Okay, hold on, I'm having a hard time understanding you. Uh,
what is happening? You have to be a little bit
clearer in terms.
Speaker 2 (11:54):
Of addiction, or let me speak a little louder. Okay.
Speaker 8 (11:58):
I would like to know if it's ego for me
to transcribe notes about or make a copy of information
which proves that my employer is repetitively and consistently promoting
individuals who've fabricated their qualifications and work experience.
Speaker 1 (12:15):
Okay, all right, you're super right where you're making Where
would you get this? You're making notes because you're looking
at a file? Is that what you're talking about?
Speaker 8 (12:25):
Let me do a little more specific I have access
to Startle records as part of my job, and I've
been noticing that people that I've worked with that I
know don't have the experience that they say they do
because I've talked to them and other people.
Speaker 2 (12:39):
Okay, is this a file you're looking at?
Speaker 9 (12:42):
Uh?
Speaker 2 (12:42):
It is.
Speaker 8 (12:43):
There's electronic records that I have access to us part
of my job. I don't work working ANSAR, but I
still have Okay.
Speaker 1 (12:48):
And there's and and it says that we are promoting
people and they don't have the skill level.
Speaker 2 (12:55):
How do you know they don't have.
Speaker 8 (12:56):
The skill level because I know their work is.
Speaker 1 (13:01):
WHOA that's that is a tough one. By the way,
they can promote people all day long and don't have
skill levels.
Speaker 8 (13:08):
Well, well, I'm saying of fabricating this information on their application.
Speaker 2 (13:11):
Okay, so they're lying that's not your issue.
Speaker 8 (13:14):
Well, if they're super visier over me and they don't
know what they're doing, and I know, it doesn't.
Speaker 2 (13:18):
Matter, it doesn't matter. It doesn't matter. You can lie
all day.
Speaker 1 (13:22):
You can literally walk in and say you are you
have a PhD in computer science to work on a computer,
and you have no idea how to even turn one on,
and they can promote that person over you.
Speaker 2 (13:38):
Yep, it's the way it works.
Speaker 1 (13:41):
You know, you have no you know they it's it's
their company, they're the boss. There's not much you can do.
Speaker 2 (13:49):
John. Hello John.
Speaker 5 (13:52):
Yeah, I'm an old firefighter and I had a caregiver
and I had to let her go because she wasn't
any good. And in the meantime, well, I was at
a doctor's appointment. She came in excuse she had a key,
and she stole a lot of my personal item, my
(14:15):
wedding ring.
Speaker 1 (14:16):
Yeah.
Speaker 5 (14:16):
That's a tough one, yeah, Harry, And she just stole
it all. Yeah. I made a report to the police
department and they were real nice, but there's obviously there's
nothing they can do about it.
Speaker 2 (14:28):
Yeah, that's the whole point, John.
Speaker 1 (14:30):
And all you can do is if the police say
there's nothing they can do, and there really isn't much
because she's gonna say I didn't steal it, and you're
gonna say she did. And I'm assuming you don't have
a videotape of her taking it. You can sue her
for all the good that's gonna do, John.
Speaker 2 (14:49):
Yeah.
Speaker 1 (14:50):
I mean, you know, I tell you, I'd believe you
if I were the judge. But at the same time, uh,
you know, so you get a judgment against her for
X number dollars because you really don't have the proof
of what she stole or at least the value of
the proof.
Speaker 5 (15:06):
Could I put an ad in the paper telling my
story in the one ads reward for these items.
Speaker 2 (15:14):
Yeah, absolutely absolutely.
Speaker 1 (15:16):
Don't mention it. Don't mention it, don't mention her name,
don't mention her name that she stole it. But yes,
you could absolutely do that. I can see that John
is and he's a firefighter, you know, who helped people out.
You know, that's a rough place to be. All right,
I want to tell you about your business for a moment.
The less your business spends on delivering your product or service,
(15:38):
the more margin you're going to have. Basically, the more
money you're going to make. And everything is more expensive
these days. I mean it's crazy out there, materials, employees, distribution, borrowing.
I go out to dinner far less than I used
to at restaurants because the prices are so crazy. So
let me tell you how you can reduce costs and
headaches for your business with nets sweet by Oracle. This
(16:00):
is the number one cloud financial system. It brings in accounting,
financial management, inventory HR into one platform, so everything talks
to everything else. You know exactly what's going on, and
it lives in the cloud, so no hardware required, and
you can be on vacation and on your phone. You
can plug in and see what's going on. So there
(16:23):
are no multiple systems involved. You got one unified business
management suite a lot more efficiency. You can slash costs.
They'll tell you exactly how to do it. Over thirty
seven thousand companies have already made the move. So let
me suggest you download the net Suite program and it'll
tell you it's free, by the way, and it will
(16:43):
show you if you if they can help you make
money or not. And I think it can because you've
got all these businesses said.
Speaker 2 (16:49):
Yep, it does.
Speaker 1 (16:50):
So go to NetSuite dot com slash handle NetSuite as
an office suitees NetSuite dot com slash handle.
Speaker 2 (16:59):
This is handle on the law.
Speaker 10 (17:02):
You're listening to bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:09):
Oh yeah, that's the season. It's over. I think on Tuesday.
Speaker 1 (17:14):
Yes, please please eight hundred five two zero one five
three four.
Speaker 2 (17:21):
That's the number.
Speaker 1 (17:22):
Have some lines open, eight hundred five to two zero
one five three four, and then I'll tell you next
break how you can still get your questions answered even
when I'm off the air and I'll do it well
right here.
Speaker 2 (17:38):
Eight hundred five two zero one five three fours.
Speaker 1 (17:40):
I'm looking the various phone calls, welcome back, handle on
the law, marginal legal advice, Rebecca, Hello.
Speaker 9 (17:52):
Rebecca, Hi Bill, how are you?
Speaker 2 (17:55):
Yes, ma'am? What can I do for you?
Speaker 9 (17:58):
So the situation ND could use some advice. My dad
passed at the end of September. His name is still
is listed as a guaranteur. Nephew's lease.
Speaker 2 (18:11):
Was a new lease.
Speaker 9 (18:12):
It started in September and it goes for two more years.
There's three reasons that I want to take care of
this A again, the lease goes for two more years
from September. B.
Speaker 2 (18:26):
I believe he never.
Speaker 9 (18:27):
Actually signed it because I have docu sign emails in
his account when he was in the hospital. Show that
never signed, right, Yeah, the last one showed that the
envelope expired and it was never signed. Also last show.
Speaker 1 (18:48):
What expired the envelope? How do you inspire an envelope?
Speaker 9 (18:53):
Well, whatever they call the docu sign envelope, meaning the
request for signature, it expired, it was.
Speaker 1 (18:59):
Never signed, Okay, and that's the guarantee, correct.
Speaker 9 (19:08):
I don't know what that means.
Speaker 1 (19:09):
He's okay, he was supposed to docu signed. First of all,
you want his name off. I'm assuming that's the case, right, yeah, okay.
So one of the reasons is it's a two year deal.
It's a two year guarantee, and he's dead. Okay, Frankly,
that's not going to help him, although does he really
care because he's dead.
Speaker 2 (19:29):
It's the fact the estate. The estate is.
Speaker 9 (19:32):
Still exactly okay, exactly, well, that's exactly. So I'm getting
to that part. The state is in a trust, and
I've brought all my concerns about all this to the executor.
The trust hasn't been settled yet, it won't be until March.
When I first brought them to her. Unfortunately, she's a
family so it's a little tricky, okay, but dealing with her.
(19:57):
But when I first brought it to her, she you
didn't do anything about it, and so I brought Michael.
Speaker 1 (20:02):
Okay, wait wait, wait, wait, hold on. I don't know
if she should do anything about it.
Speaker 2 (20:08):
As far as she is concerned.
Speaker 1 (20:10):
It is a lease that was signed by your dad,
and I don't know if she part of her duty
is to investigate.
Speaker 2 (20:19):
Maybe it is, but you got so that part I wouldn't.
Speaker 1 (20:23):
I wouldn't consider because you know, the landlord has your
dad as a guaranteur period and if the tenant flakes out,
can go against your dad's estate.
Speaker 9 (20:37):
Now you brought to exactly is the house? Which I
get it in the house, Well, it's still it's still.
Speaker 2 (20:44):
It doesn't matter, it's still the estate. Okay.
Speaker 1 (20:48):
They the the amount of od is over and above
your right to inherit the house. You are subservient to
bills that are owed. Now that one is sort of
put to bed. But you had to weather issues that
you brought about that have a great yea influence. Number One,
he didn't sign it.
Speaker 2 (21:07):
Is what your argument.
Speaker 1 (21:09):
Signed it after the window. But I have a question
about the window. Uh, And that is if the window passes,
then how does it then he can't sign it because
the sign doesn't let you sign it, so there is
no signature, correct.
Speaker 9 (21:23):
I believe. I believe that my nephews signed it for him, while.
Speaker 1 (21:28):
He's okay, Now there is the argument, okay, because your
nephew doesn't have the right to sign for your dad
unless your dad gave him power of attorney, and even
then I don't know unless he shows unless the landwork shows.
Speaker 2 (21:43):
A power of attorney.
Speaker 9 (21:44):
No, he didn't.
Speaker 1 (21:46):
Okay, So here's your defense. Let's say, who's living in
the place.
Speaker 2 (21:51):
Now, by the way, Rebecca.
Speaker 11 (21:54):
The house.
Speaker 9 (21:55):
Yeah, I'm living in the house, But my nephew is
living in the apartment, which.
Speaker 2 (21:59):
The okay is he is he paying the lease?
Speaker 9 (22:05):
I think that the executor has taken over.
Speaker 2 (22:09):
All the confused who owns the apartment? Who owns the apartment?
Speaker 9 (22:15):
The leasing company Avalon?
Speaker 2 (22:17):
They don't know, Oh.
Speaker 1 (22:18):
I see okay, Yes, I'm familiar with Avalon. One of
my daughters live in Avalon for a period of time. Okay,
So your nephew owes two years worth of a lease,
and is your nephew paying for it or just bailed out?
Speaker 9 (22:33):
Well, well, I believe right now that the executor has
taken over all the bills until the trust is settled
in March.
Speaker 1 (22:41):
Okay, so it's a trustee, it's not trustee.
Speaker 2 (22:45):
So is the trustee paying the rent?
Speaker 9 (22:48):
I think she is.
Speaker 2 (22:50):
I gotta find out, you know what.
Speaker 1 (22:51):
He can't do this to me, Rebecca. You can't say
I think she is. I don't know.
Speaker 2 (22:57):
It doesn't okay, it doesn't work that way. You have
to know before I answer.
Speaker 9 (23:02):
Okay, I asked her about it and she evaded the question.
Speaker 2 (23:05):
Then I can't help you.
Speaker 1 (23:07):
Then I can't help you, but I appreciate the phone call.
I guess Oh, Randy, Hi, Randy, welcome, Yo, Randy Hi.
Speaker 7 (23:24):
My daughter bought a house foreclosure Sambardino County. It's been
six months. Hired a right off the bat, hired an
eviction company to come out and do the eviction, an
viction at whom the homeowner that lost it to the bank.
Speaker 1 (23:46):
And then the daughter ended up buying while he was
there right still there, right, okay, got it, Okay.
Speaker 7 (23:53):
Still in the property, all right, okay. So so now
the eviction company came a month or so ago, was
going to do walk out. The marshall said, oh wait
a minute. Guys in his mid eighties, he's don't think
he's right in his own mind, so we have to
get social services involved in this and that. So now
(24:16):
they've pushed it off till the sixth of January in
order to go talk to him, and he has repeatedly
say I'm not moving out. I'm not moving out.
Speaker 1 (24:24):
Yeah, it doesn't matter if he repeat it. He says
that now it doesn't right, No, it doesn't matter. The
fact that he says he's not moving out is irrelevant
to this.
Speaker 2 (24:32):
The problem is is.
Speaker 1 (24:34):
That because he's in his eighties, you've got a situation
where Social Services does kick in because there's all this
elder protection stuff and you got to go.
Speaker 2 (24:44):
Through the hoops. You know, the fact that he says he's.
Speaker 1 (24:47):
Not moving out Randy means nothing because what does that mean?
Law lets him live there till he dies and you
don't get any rent?
Speaker 2 (24:56):
Right?
Speaker 7 (24:56):
My question is can we sue him for the six
months of interest only payment?
Speaker 9 (25:02):
Yeah?
Speaker 6 (25:02):
You can's been making.
Speaker 2 (25:03):
Yeah you can? You can't.
Speaker 1 (25:05):
And then the problem is are you going to get it?
You know, an eighty two year old guy, you have money?
Speaker 2 (25:09):
Is he on Social Security?
Speaker 7 (25:11):
No? He has a pension, he's he can't.
Speaker 2 (25:14):
Touch the pension. Randy can't touch a pension.
Speaker 7 (25:16):
Okay, okay, So then we'd have to do an asset search.
Speaker 1 (25:21):
Yeah, you'd have to do a whole big deal. So,
you know, is it worth it? I don't know how
much is uh? How much is the rent?
Speaker 7 (25:28):
She's been paying interest only? At twenty seven hundred dollars
a month?
Speaker 2 (25:31):
What do you mean interest only? That's a purchase. You
don't pay interest only on a rent.
Speaker 6 (25:37):
Borrow.
Speaker 7 (25:38):
She's she's, she's she No, he's not paying rent.
Speaker 2 (25:42):
Okay, got it? How much?
Speaker 1 (25:43):
How much is the rent? How much is the rent
that he's not paying? Well, haven't established rent yet because
he just didn't move out right, he didn't move, got it?
All right, So you're gonna have to see it, all right,
I understand, all right, twenty month. Okay, you're gonna have
to sue for a reasonable amount because under those circumstances,
there is no rent that's been established. He was the
(26:04):
homeowner and he stayed in and he's going to be evicted,
and you are entitled to.
Speaker 2 (26:10):
How much rent?
Speaker 1 (26:11):
Well, we don't have rent because of the circumstances, and
so the court will invoke a reasonable rent when you
get a judgment against him.
Speaker 2 (26:22):
And he's eighty yeah, he's eighty two. I mean you
can go after him.
Speaker 1 (26:26):
Let me tell you, if I were you, I would
not only go after him, I would actually buy the
cat food and find a dumpster for him to move into. Yes, okay,
so yeah, you're you're, you're, you're doing everything you can,
and unfortunately there isn't a whole.
Speaker 2 (26:42):
Lot more people.
Speaker 1 (26:43):
Older people have have some rights or especially under this case.
And if he if he argues elder abuse, man boom,
the county jumps right in and you know, what do
you do? You don't to people that are eighty two
years old. Although this wasn't a rental, I mean these folks,
(27:04):
I mean Randy is completely innocent of all this or
so it doesn't help. All right, We're gonna come back
and it'll be our last segment of the show. But
then we still have plenty of phone calls or plenty
of time to answer your questions.
Speaker 2 (27:19):
This is KFI. Well, this is Handle on the Law
and welcome back Bill.
Speaker 1 (27:26):
Handle here Saturday morning, and it's a last segment of
the show. So what happens every Saturday as I walk
out and say goodbye.
Speaker 2 (27:37):
Until Monday morning.
Speaker 1 (27:38):
If you join me on the Handle show Monday through Friday,
I still answer phone calls at the end of the
hour off the air, So as you're calling, to stay put,
because man, I go through these calls.
Speaker 2 (27:52):
Quickly because they're no breaks. I just zip right through them.
Speaker 1 (27:55):
So as I said, no breaks, no weather, no traffic,
no commercial and no patients.
Speaker 2 (28:01):
Put all that together and we go through them pretty quickly.
Speaker 1 (28:04):
And for those of you that are in hold, still
just a put because I'm going to answer all your calls.
Speaker 2 (28:10):
Anyway.
Speaker 1 (28:10):
You can still keep on calling, and if lines are busy,
just wait three minutes, because you know I've gone through
a call and the lines open up and then number
is eight hundred and five two zero one, five three four.
Speaker 2 (28:21):
Welcome back.
Speaker 1 (28:22):
Handle on the law Marginal Legal Advice Solomon. Hello Solomon.
Speaker 11 (28:28):
Hey, this is me.
Speaker 5 (28:29):
How are you doing?
Speaker 2 (28:30):
Yes, Surrey, it is you, and this is me. What
can I do for you?
Speaker 11 (28:35):
Yeah? I had some vandalism take place in my car,
and we have parking on the site of the apartment
where I am, and there's four hundred people in this
apartment and eight floor and you have to pay one
hundred and fifty dollars for parking. I never paid for
party in my life. But do they have any liability
since it took place on the property and that I
am paying.
Speaker 1 (28:56):
You're talking about the vandalism, Yeah, yeah, yeah, do they?
Speaker 2 (29:01):
I don't know. Is it a secure building?
Speaker 1 (29:04):
Is there a pattern of this happening before where they.
Speaker 11 (29:11):
They made notices a couple of months ago that someone
could have a weapon coming from the parking area. We
have these little remotes that we get into our apartment.
They didn't always have those.
Speaker 1 (29:22):
That's asked to that's asked to your safety. Okay, if
you had been shot and a hole put through your
head as big as a grapefruit, probably there would be
a decent case because they knew that there were risks
when they said someone with a weapon could come through,
(29:43):
and if they didn't put in some kind of security
and just let it happen, or tell you there's no
security here.
Speaker 2 (29:48):
Guys, you're on your own.
Speaker 1 (29:51):
We don't have a duty to stop people who come
in with weapons.
Speaker 2 (29:55):
I mean, what do they do?
Speaker 1 (29:56):
What should they have done? Put armed security guards in there,
put a fence.
Speaker 11 (30:00):
Well yeah, when I was over at the last place
on Beach Boulevard at tah the hotel they had everything
was free, even the internet. But they have a security
guard that didn't let anyone.
Speaker 1 (30:11):
Okay, but that doesn't mean but that doesn't mean this
place has to have.
Speaker 11 (30:14):
It, Okay, all right, all right? You so you saw
a primate creator?
Speaker 2 (30:19):
All right, I think it's the same guy you called before.
Speaker 1 (30:22):
So Matt, Hello, Matt, welcome.
Speaker 6 (30:29):
Hey Bill, thanks for taking my call. On a lot
of details, but I'll make it quick. Just purchased a
house up in the mountains and Big Bear have a
home warranty. Every new oven, new fridge, new everything. Wall
heater had issues, so had a home warranty. Sent a
contractor out. First contractor tested the wall heater, said it
(30:50):
was okay, it's the wiring from the wall heater the thermostat.
They sent out another contractor wound up being an electricians that, hey,
we don't know what's going on. We don't want to
touch it. Had a third contractor come out, said, you know,
it's a thermist at, tried a new thermist at, couldn't
(31:11):
figure it out. Long story short, they found another contractor
who came out twice, said it was the wall unit.
Replaced the wall unit. I had to pay four hundred bucks,
which I haven't paid yet. Once they replaced the wall
unit number one, it was the same unit number two.
I took photos of the old unit. Look new, completely new,
(31:32):
no dust, no burn marks. Once they installed it, they said, oh,
the wiring needs to be replaced and okay.
Speaker 2 (31:41):
Okay, I sort of get it. What's your deductible.
Speaker 7 (31:49):
We have?
Speaker 6 (31:50):
I don't think we have a deductible one.
Speaker 9 (31:53):
That's easy.
Speaker 2 (31:54):
Okay, that's easy. It's did they put in a unit
that's not working or is it still not working?
Speaker 6 (32:01):
It's working, but they said the wire needs to be replaced.
They wanted to put holes in my wall. So now
I have wires to a thermostat sitting across my kitchen.
Speaker 2 (32:10):
Okay, I think I got.
Speaker 1 (32:12):
So here's what you have to do is simply get
a bid from someone in there and get it fixed.
Speaker 2 (32:17):
I mean, at some point it's going to get fixed.
Speaker 1 (32:20):
I mean, Matt, it's you don't have a situation where
you have a wall heater that.
Speaker 2 (32:25):
Will never work, will never.
Speaker 1 (32:28):
Have You'll have wires for the rest of your life
sitting there.
Speaker 2 (32:31):
I mean, that's not possible.
Speaker 1 (32:32):
So whatever it takes to actually get it fixed, there's
enough stuff in there where you have and they have
tried everything, so now there is a duty to get
it fixed. The fact that they're coming out and coming
out and coming out, that's actually a decent insurance company.
So you let them know you're going to be on
your own finding the appropriate contractor electrician, HVAC person, whatever
(32:58):
it takes.
Speaker 6 (32:59):
And you're yeah, but what my one question is, what
is the possibility. They said it needed to be replaced
just to make more money. Am I kind of screwed
on that?
Speaker 2 (33:10):
Why would wait a second?
Speaker 1 (33:11):
If it needed to be a replace to make more money,
they're gonna pay for it?
Speaker 2 (33:15):
Why? How much more money are they gonna get?
Speaker 6 (33:19):
No, the contractor not the home warrant?
Speaker 1 (33:21):
Well, okay, how do you find that out? Hey, you're
just doing this to get more money?
Speaker 2 (33:27):
Really, no, I'm not.
Speaker 1 (33:29):
Okay, yes you are. How do you prove that? I'll
tell you how you're thinking. I'll tell you what your
motivation is. So just get it repaired, get it replaced,
and turn around, go to the insurance company.
Speaker 2 (33:42):
Pay it up. All right, real quickly. Let me tell
you about what's going to happen next year. We're right
around the corner for next year.
Speaker 1 (33:50):
Now, let's say if you're in my position too, where
you have no friends, everybody hates you, your family hates you.
Speaker 2 (33:57):
And you're pretty miserable and depressed, and you have bad breath.
Speaker 1 (34:01):
So let me suggest Zelman's minty Mouth mints so you
can start the year with good breath. Now, you'll still
have no friends, everybody hates you, and you're still going
to be depressed as.
Speaker 2 (34:11):
Hell, but you'll have fresh breath and that makes you
feel good. Does it make you feel good enough?
Speaker 1 (34:19):
Well, I don't know, but it sure makes your mouth
fresh and clean. Zelman's minty mouth mints way more.
Speaker 2 (34:24):
Than a mint.
Speaker 1 (34:25):
All you do is pop a couple in your mouth
and there's a minty coating and when that's done, you
swallow or you bite into them. In the parsley seed
oil inside these capsules go to work inside your gut,
your stomach where bad breath can does start and stay there.
Zelmans takes care of that and there's no other mint
on the planet that does that. So if you order
(34:47):
three packs or more, there is free shipping and that's
till the end of the year.
Speaker 2 (34:53):
No, I'm sorry, let me correct myself.
Speaker 1 (34:55):
If you order three packs or more, there's an automatic
fifteen p discount, no code.
Speaker 2 (35:02):
You don't have to worry about it. It's automatic.
Speaker 1 (35:04):
Uh three a three pack or more fifteen percent off.
So go to Zelmans dot com Z E L M
I N S. Zelmans dot com fifteen percent off three
packs or more. Zelmans dot com, slash kfi Zelmans dot
com slash kfi. All right, before we bail real quickly.
(35:28):
I'm gonna tell I'm gonna take phone calls. I'm gonna
continue on. So if you're on hold, stay put and
this will be off the air. And the number is
still eight hundred five two zero one five three four,
eight hundred five two zero one five three four.
Speaker 2 (35:42):
This is Handle on the Law.
Speaker 10 (35:46):
You're listening to Bill Handle on demand from kf I
a M six forty
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